The following general terms and conditions of purchase (hereinafter referred to as “GPC”) shall apply to orders placed by TMR Plastics Sp. z o.o. with its registered office in Bydgoszcz, KRS: 143845 (the “Purchaser”) and shall constitute an integral part of all orders placed by the Purchaser and contracts concluded by the Purchaser for the supply or purchase of raw materials, goods and services from the Purchaser’s supplier (hereinafter referred to as “Supplier”).
a) “GPC” and “GPCs” – these general purchase conditions,
b) “Order” – order placed by the Purchaser with the Supplier for goods,
c) “Agreement” – an agreement concluded between the Purchaser and the Supplier, along with appendices and GPC,
d) “Goods” – material goods (including necessary equipment, additional materials, documentation and others), the sale and delivery of which are the subject of the Agreement.
The GPCs apply unless otherwise specified in the order or contract. Provisions different from the GPC, Supplier’s terms and conditions of sale, are binding for the Purchaser only if they are explicitly confirmed by the Purchaser in writing. The Supplier agrees that the provisions of these GPC shall prevail over its own general terms and conditions of contracts, model contracts, regulations, instructions and other normative acts applicable to it. The Supplier’s model contracts shall not apply even if the Purchaser has not expressly objected to their application.
The Purchaser shall maintain a list of so-called “Qualified Suppliers”, i.e. companies in which it is possible to purchase items of appropriate quality that meet specific, previously communicated (in any form) Supplier requirements. A company not yet on the list of Qualified Suppliers may be entered on the list of Qualified Suppliers after the first delivery of the Goods. Companies on the list of Qualified Suppliers will be subject to biannual evaluation, sent after its completion to the given Supplier by e-mail.
The PSW level 3 or PPAP (Production Part Approval Process) procedures shall be applied in the following cases:
a) the product or process has been changed,
b) the place of production or production plant has been changed.
The Supplier also authorizes the Purchaser to substitute removal of defects at its sole expense and risk, if the Supplier does not remove them in due time, which applies in particular if the Supplier:
a) did not remove the defect of the Goods;
b) removed the defect of the Goods in an improper, ineffective manner;
c) did not complete the delivery of the Goods in terms of quantity within the deadline specified in the Agreement or GPC;
d) has not replaced the Goods with defect-free ones.
Place of performance for deliveries and payments shall be the address mentioned in the Order.